The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in status from being fully mutual.
Held: The tenant’s appeal succeeded. A tenancy from a mutual housing association created in 1985 was neither protected nor secure, and the Housing Act 1985 did not alter that status. However the later Act did operate, when the association converted from its mutual status, to change the tenancy to a secure tenancy, and that in turn gave the tenant a right to buy. The conversion led to the ‘landlord condition’ becoming fulfilled.
Jonathan Parker LJ said: ‘paragraph 4(a) in my judgment provides a saving for existing tenancies in respect of which, immediately prior to the commencement date, the ‘landlord condition’ was satisfied (so that they were secure tenancies), but in respect of which the ‘landlord condition’ would otherwise have ceased to be satisfied as from the commencement date, by virtue of the repeals: e.g. a tenancy where the landlord immediately before the commencement date was a non-mutual association. The saving is achieved not by providing that such tenancies shall continue as secure tenancies until such time as the non-mutual association disposes of its interest to an authority or body which is not included in the amended list, for that would be inconsistent with the ‘ambulatory’ nature of the statutory code. Rather, the saving is achieved by preserving the unamended ‘landlord condition’ in relation to such a tenancy, so that it will be a secure tenancy at any time in the future when the interest of the landlord belongs to an authority or body within the unamended section 80 (e.g. a non-mutual association).’
Judges:
Kennedy LJ, Jonathan Parker LJ
Citations:
Times 15-Nov-2000, Gazette 23-Nov-2000, [2000] EWCA Civ 276, [2001] 2 All ER 865
Links:
Statutes:
Housing Act 1985, Local Government and Housing Act 1989, Housing Act 1988 sch18 p4(a)
Jurisdiction:
England and Wales
Citing:
Cited – Basingstoke and Deane Borough Council v Paice CA 3-Apr-1995
A dwelling subtenant of part of premises comprised in a business lease became a secure tenant on the surrender of the mesne tenancy. Section 79 of the 1985 Act had ambulatory effect.
Waite LJ said: ‘The use of the term ‘at any time’ in section . .
Cited by:
Cited – Southward Housing Co-Operative Ltd v Walker and Another ChD 8-Jun-2015
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 17 May 2022; Ref: scu.77729